Can a cheque bounce case be quashed before taking bail
2 months ago
So someone bounced a cheque and gave a notice. Finally they filed a case and arrest warrants were issued. Since the firm is arraigned which is a mandatory provision. Can we file instant petition for quashing of case even before getting bail? Can any one share a case law where cheque bounce case was quashed even before taking a bail?
A.Dear Client,
You can get bail in a cheque bounce case since it's a bailable offense. The court may require you to provide a surety or a bail bond as a guarantee that you will attend court hearings. You or your surety may be asked to deposit a specified amount of money as security. A cheque Bounce Case Can Be Quashed by filing a petition under Section 482 of the Cr. PC,1973 which empowers the High Court to dismiss criminal proceedings against the accused if the amount is patently Non-Recoverable; whether the debt is Time-Barred or not is a question of evidence. The Supreme Court of India has recently clarified the legal position concerning the issuance of cheques towards time-barred debts. The judgment in this case K. Hymavathi vs State of Andhra Pradesh has significant implications for both creditors and debtors involved in cheque bounce cases under the Negotiable Instruments Act, 1881 The Court clarified that only in cases where the amount is “out and out non-recoverable,” the question of threshold jurisdiction under Section 482 CrPC will arise. In such cases, the Court would be justified in interfering.
You can get bail in a cheque bounce case since it's a bailable offense. The court may require you to provide a surety or a bail bond as a guarantee that you will attend court hearings. You or your surety may be asked to deposit a specified amount of money as security. A cheque Bounce Case Can Be Quashed by filing a petition under Section 482 of the Cr. PC,1973 which empowers the High Court to dismiss criminal proceedings against the accused if the amount is patently Non-Recoverable; whether the debt is Time-Barred or not is a question of evidence. The Supreme Court of India has recently clarified the legal position concerning the issuance of cheques towards time-barred debts. The judgment in this case K. Hymavathi vs State of Andhra Pradesh has significant implications for both creditors and debtors involved in cheque bounce cases under the Negotiable Instruments Act, 1881 The Court clarified that only in cases where the amount is “out and out non-recoverable,” the question of threshold jurisdiction under Section 482 CrPC will arise. In such cases, the Court would be justified in interfering.
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